Upgrad LLM

can compromise can happen with one accused?


whether compromise can happen with one accused out of 4 accused? Under section 320 (2) 8 clause

 
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advocate

what is the nature of offence ? is it compoundable by law ?

 
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Sir,

Here complainant want to compromise only with one accused and want to continue his case with others i.e. 3 more accused.

Case is continue under IPC 323, 504 & 325 so as per CrPC section 320 (1) complainant can compromise for IPC 323 & 504 since both are compoundable offence under section 320 (1) but for IPC 325 complainant need to take permission from court to compromise under section 320 (2) 8 ......pls correct me.

Now the question is compromise will take place with only one accused and remaining accused case will continue.......

I have found one case Law

"2010(1) CRIMINAL COURT CASES 0898 (P&H)
Criminal Procedure Code, 1973, Section 320, 482, Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act, 1989, Section 3, 4 - Non compoundable offence - Of the
seven accused, complainant entered into compromise with one accused - Proceedings qua one
accused quashed. (Para 10)PUNJAB & HARYANA HIGH COURT"

Kindly guide me will it is correct reference to present on this case. Actually the confusion is that compromise can be done with one accused or not when there are many accused?

Pls reply me with some case references to justify. If you can provide me more detail of Secton 320 mentioning that compromise can happen with one accused also.

Regards,

Shashi

 
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Assistant

I think it is not permissible for compromising the offence against one accused. Section 320 CrPC speaks about compounding of the offence, in this section the offence is compounded, and when the offence is compounded there is no question of proceeding or continuing the case further.

 
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